[0:31] Good evening and welcome to the city of [0:33] McGomery City Council and Planning and [0:35] Zoning Commission special meeting for [0:38] August 18th uh 2026. It is exactly 6 PM [0:41] and I'd like to call this meeting to [0:43] order. Uh before we get started, if you [0:45] please check your phones to make sure [0:46] that they are off so that we can conduct [0:47] business and not be interrupted. that [0:49] would be most appreciated. Uh we will [0:52] begin with we have um everyone is here [0:54] but Miss Langley and uh we will begin [0:57] with the invocation given by Mr. Stan [0:59] Donaldson and then the pledge of [1:00] allegiance. Would you please rise? [1:05] » Father, we thank you for this day. We [1:08] thank you Lord that our hearts and minds [1:10] are receptive father to the [1:12] presentation. I thank you father we use [1:14] wisdom and guidance in all of our [1:16] business affairs. and thank you for [1:18] blessing the city of Montgomery and uh [1:21] and the people in it in Jesus's name. [1:24] Amen. [1:24] >> Amen. [1:25] >> Pledge allegiance to the United States [1:27] flag. I pledge allegiance to the flag of [1:30] the United States of America and to the [1:33] republic for which it stands, one nation [1:36] under God, indivisible, with liberty and [1:39] justice for all. [1:40] >> Now the Texas flag. [1:42] >> Honor the Texas flag. I pledge [1:44] allegiance to thee, Texas, one state [1:47] under God, one and indivisible. [1:52] >> All right. I did receive one request [1:54] under the citizens comments. So with [1:58] that, Mr. Rocky Butler, would you please [2:00] come to the podium? [2:02] >> Yes, ma'am. [2:03] >> He is here to speak on the item of a [2:04] thank you. [2:06] >> Okay. Um uh my name Rocky Butler. Um I [2:10] am an office based office FM1097. I live [2:13] in Minnesota by way right there in [2:15] Whiteall area actually. Um but I just [2:18] wanted to kind of say a few things. [2:19] First of all, good evening to you all, [2:22] mayor, city council and planning [2:25] committee as well as the MEEDC who [2:28] whatever members are here. I don't know [2:30] what you're here at this time, but I [2:32] just wanted to take a few minutes to [2:33] personally thank you um for giving me [2:36] the opportunity and placing your trust [2:38] in me to represent the city, the city of [2:41] McGomery. For those of you who don't [2:42] know who I am, again, as Nate mentioned, [2:44] my name, Rocky Butler. I'm with uh [2:47] Butler Real Estate Group and I work [2:49] under the commercial vision division of [2:51] Berkshire Hathaway. And I had the [2:53] privilege to list and sell 213 Prairie. [2:57] You're all familiar with that property [2:58] with the city own. Um, I wanted to come [3:01] before you tonight not only to say thank [3:02] you, but to also share a few of the [3:05] analytics of the listing and give you an [3:07] idea of the exposure generated [3:09] throughout the listing period that that [3:11] I had. The properties promoted more than [3:13] 50,000 times. It generated over 1,400 [3:17] detailed views. That means those people [3:20] spent some time looking through the [3:21] metrics of the marketing materials that [3:23] we sent them. And then that exposure [3:25] resulted into multiple calls that we [3:27] serviced as well as over 30 private [3:30] showings of that property. [3:33] As many as you may know in commercial [3:34] real estate, getting the property from [3:37] listing all the way to closing requires [3:40] cooperation from a lot of people. And [3:42] throughout that entire process, [3:45] uh, the city administration, the MEDC [3:48] were extremely responsive and [3:50] professional. [3:51] Whenever we needed information, [3:53] documents, signatures, any type of [3:56] property maintenance or decisions, [3:58] everyone involved made it a priority to [4:01] get these things handled quickly and [4:02] efficiently for us. I especially want to [4:05] recognize Brent Walker. Uh Brent was [4:09] pivotal throughout the process and was [4:12] always available when something was [4:14] needed to be addressed. [4:16] And I want to thank you Brent. Thank you [4:18] personally very much for being so [4:19] helpful to us. Uh I also want to thank [4:21] the city and everyone in behind the [4:24] scenes that assisted along the way. A [4:27] successful closing is truly a team [4:29] effort and I sincerely appreciate the [4:31] cooperation, professionalism I received [4:34] from beginning to end. And then finally, [4:37] and most importantly, [4:39] I want to apprec I appreciate the [4:41] confidence you placed in me to represent [4:43] the city of McGomery and its people [4:46] this this town. I never take that [4:49] responsibility lightly. [4:52] It was a true privilege to work on your [4:54] behalf and help bring this property to a [4:57] successful close. It was an honor. Thank [5:00] you. [clears throat] [5:01] >> Thank you. [5:04] >> All right. Next item on your agenda is [5:05] presentation number five. Presentation [5:07] and discussion by Brett Kee appended [5:10] East Collaborative regarding the [5:12] proposed unified development ordinance [5:14] UDO. [5:18] » There's presentation on [5:20] >> I'll I'll give you a little a little [5:22] intro where we are and what we're doing [5:25] here today. I wanted to [5:36] You can do it. I mean, can you see right [5:38] there? [5:38] >> Yeah, I sure can. [5:41] >> Sorry. [5:42] >> All right, no problem. I I wanted to [5:45] touch base with you and tell you what brought us here and why we kind of [5:48] scheduled this. We've been working on [5:51] this for quite a while and I know you [5:52] guys have heard inputs from us and the [5:55] staff and everybody else and and [5:59] Zach, the attorney, everybody's been [6:02] reading this. We've been working with [6:03] him. It's taken quite a bit to get where [6:06] we are. This is your opportunity to [6:08] listen to what's been going on to ask [6:11] the questions because we're getting very [6:13] close to being able to close this out [6:15] and adopt this in in the month of [6:18] September. Um, so this is the [6:22] opportunity to ask questions. If you [6:23] hear something you don't understand, [6:25] this is the best time to do it. Uh, we [6:27] want the feedback. We want to hear from [6:29] you. If you hear something that you you [6:31] want to learn more about, the attorneys, [6:34] Zach or Brett can answer those questions [6:37] or myself, any of us. Tilly, she has [6:41] lots of answers. [6:45] So that's it. Go ahead. [6:48] Well, good evening. I'm Brett Kee, CEO [6:51] of Ky Keys Collaborative. Address is 77 [6:54] Sugar Creek Center Boulevard, uh, Sweet [6:58] 600 at Sugarland. [7:00] Um, pleased to be with you tonight. As [7:02] Brent indicated, um, this has been a [7:04] long process for a variety of reasons, [7:06] but we're to the point where we're very, close. Um, so I wanted to give you [7:11] an update on on where we are. Next [7:13] slide, please. Um so this shows you the [7:16] organization of the unified development [7:18] ordinance or UDO. Um we delivered um [7:22] really four different modules because we [7:24] broke the first one into modules one and [7:26] 1.5. Um so that's where we have all the zoning districts and all the [7:32] setbacks and heights and other types of [7:34] standards. Um the permitted and [7:36] conditional land uses, site development [7:39] and design. I'm going to talk to you a [7:40] little bit more about that tonight. [7:42] flood plane and floodway development [7:44] didn't change. We simply brought that [7:46] from your current ordinance into the new [7:48] format and then measurements and word [7:50] usage. Module two, you can see what was [7:53] included there. We've been going back [7:55] and forth with staff of recent on the [7:58] tree preservation standards. uh Brent [8:00] and and staff has been very good about [8:03] reading it um from their perspective, [8:06] making sure that it's something they can [8:07] understand and administer and trying to [8:09] keep it simple and straightforward but [8:11] yet achieve the outcomes that we're intending to get. And then module [8:16] three is basically all the all the [8:18] procedures, [8:21] please. Um so these are all the the [8:23] deliverables that we've um sent to the [8:26] city over time. Most recently, last [8:29] week, we just uh worked through the [8:31] thrower plan, which is basically, you [8:34] know, text dot to the county shows kind [8:37] of your your larger streets, but they do [8:40] not get down into the the collector [8:42] roadways and some of the um connections [8:45] within and between some of your [8:46] neighborhoods and how the whole city is [8:48] going to tie together. This is [8:50] critically important. Um, in the past [8:52] when we haven't had this, as you know, [8:54] we have lots of neighborhoods with dead [8:56] ends and circuitous streets and it makes [8:58] it very difficult to move through and [9:00] across the city. And so we want to be [9:02] able to make sure that people are able [9:03] to move freely without having to get [9:06] back out on, you know, 105 to go down to [9:10] two places uh when they can just go [9:13] across access and make sure that there's [9:15] adequate collector roadways which all [9:17] your residential streets feed to and [9:18] that feeds out to your major arterial [9:21] roadways. So that'll be delivered um the [9:23] [clears throat] revised draft will be [9:25] delivered tomorrow and then everything [9:26] else is all the the UDO pieces. [9:30] Next, please. Um, so the UDEO implements [9:36] the comprehensive plan. So, you have a a [9:38] comprehensive plan. We made sure that we [9:40] were making reference to that and we [9:43] were following the policies and the [9:45] initiatives and the objectives that were [9:47] spelled out in that plan. Should you [9:49] ever be challenged on a zoning case, you [9:52] always want to be able to look back to [9:53] the comprehensive plan and point your [9:54] finger and say, "This is the adopted [9:56] plan that we relied upon." So from from [9:59] the land use the land use plan um the [10:02] zoning districts match the land use plan [10:05] the the districts there and you can see [10:07] some of the objectives that were [10:09] identified in the plan and the response [10:12] to some of the different um sections of [10:15] the of the UDO that are included. Next [10:17] slide please. [10:20] So for downtown obviously revitalize and [10:22] create infill for streetscapes all those [10:25] things are addressed within the code. um [10:28] in the housing, expanding housing [10:29] options, allowing mixeduse housing and [10:32] support housing amenities. So, we've got [10:35] districts that provide for a variety of housing types, not obviously just [10:40] your single family or large lot, but we [10:42] do have um the plan development district [10:44] and R2 district to some extent. Um and [10:47] then particularly having transition [10:49] standards. So, if you live in a home now [10:51] and you have a field behind you, you [10:53] want to make sure that whatever might [10:55] come in your backyard is going to be [10:58] compatible or going to have a good [11:00] transition. Um, so that could not only [11:02] be lot size, but it would all be um [11:05] landscaping, screening, fencing, [11:07] whatever that might be. [11:09] >> Next slide. [11:10] um two other categories, mobility, [11:12] connectivity, um walkability, sidewalks, [11:16] biking, improved connectivity, all those [11:18] things are addressed. And then same way [11:20] with open space and landscaping and I'll [11:22] be talking to you a little bit more [11:23] about that later in the presentation [11:25] here. [11:27] Next slide. [11:29] As I mentioned, compatibility. Um, you [11:32] know, every community and every [11:34] development ordinance wants to achieve [11:35] compatibility between different types [11:38] and scales of development and making [11:41] sure we're protecting uh neighborhoods [11:43] and personal investments. So, the UDO [11:47] has spent a lot of time on design [11:48] standards and buffering, landscaping, [11:50] and other things to make sure that we're [11:52] providing for that. And then the plan [11:55] becomes action through the UDO. So [11:58] basically for every element of the comp [11:59] plan there's a response within the UDL. [12:04] So since we last met with you um there's [12:08] a few changes and these um many of them [12:11] came from staff review [12:14] uh Zach's review, attorney review, etc. [12:17] So um [12:21] see if we get to the right spot. [12:22] function. [12:25] » So, um your [12:29] um the proposed districts are on the [12:31] left hand column. [12:33] Um the the corresponding districts on [12:36] the right. So, your R1 is still R1, your [12:39] R2 is still R2. Um we have a new [12:43] downtown district. As you know, downtown [12:45] has always been zoned the same thing as [12:46] every other commercial district, even [12:48] though it's entirely unique. So, we [12:51] wanted to make sure have standards that [12:53] mimic the rest of downtown and what [12:55] exists there today. And then your your [12:58] commercial, institutional, and [13:00] industrial districts are all the same. [13:02] And your plan development district, if [13:04] you recall, it had expired. And so we [13:07] have new standards in there for ED plan [13:10] development. [13:14] Um so originally when we drafted it um [13:18] we had some kind of different [13:20] development options where people can [13:21] have smaller lots with increased open [13:23] spaces and things of that nature. [13:25] Basically provided for development [13:26] clustering. We simplified that. Um so we [13:30] removed that requirement. We still [13:32] provide for open space. Your [13:34] compensating open space provision is is [13:36] still in there. We're just doing it in a [13:38] different way. Um and then um we've [13:42] added variations for lot size and rear [13:45] setbacks. So for instance, there's a new [13:47] subdivision coming in that's R1 has [13:49] 9,000 foot lots and they are beside or [13:51] back up to a 1 acre or larger lot. Um it [13:55] requires that those lots be 70% the size [13:57] of the 1acre lot. So just those that [14:00] basically [snorts] share a property [14:01] line. Everything else can can be you [14:04] know single family. But again, you know, [14:07] you probably heard it before, everybody, [14:09] you know, is concerned about the value [14:11] of properties and the impact on their [14:13] property. So that's part of the reason [14:14] why why we do that. And all the um [14:19] regulations are in tables that spell out [14:21] lot areas and widths and depths and all [14:23] the setbacks. And then we have graphics [14:25] in there that help illustrate and show [14:27] how we apply [14:29] property. [14:31] Next slide. As I mentioned, we have [14:34] transitioned um between your different [14:37] districts. So, whenever there's a [14:39] difference in building scale or height [14:41] or the massing of a of a building or [14:44] just the intensity of the land use, [14:46] we've built in um transition standards. [14:50] And the purpose is really to reduce the [14:54] uh impacts on privacy, on shadowing in [14:57] certain in instances as well as on the [14:59] visual character and value. And so an [15:03] example is um a maximum twostory [15:07] apartment um has to be at least 50 feet [15:10] away from an R1. There's requirements [15:13] for building separation heights and [15:15] buffer yards. The buffer yards are based [15:17] upon the housing type. So basically the [15:21] bigger the difference between the [15:22] intensity of uses, the larger the buffer [15:24] yard, more landscaping that's required. [15:28] um when [clears throat] there's a a [15:30] non-residential use next to like a [15:33] commercial use whatever that might be [15:35] office um retail has to be 100 foot away [15:38] from R1 and 50 foot away from R2. Um and [15:43] then there are also building design [15:44] standards. So if the district provides [15:47] for say a three-story building, it has [15:49] to step down to two stories, you know, [15:51] so it's more in line with with a twotory [15:54] single family home. So the image there [15:57] you see on the right of apartments and [16:00] then you have single family and again [16:02] depending upon the height and the the [16:04] intensity of that use the buffer yard [16:06] will shift and the mixture of of trees [16:08] and shrubs and in some cases required [16:11] fencing is is in there [16:17] tree preservation standards um you know [16:21] you have the benefit of being in an area [16:23] where you have a lot of mature [16:25] vegetation [16:26] that contributes to the aesthetic of the [16:28] community and the character of the [16:29] community. So, we want to make sure [16:31] that, you know, we're not being too [16:34] difficult for development, but at the [16:36] same time, um, if they're able to [16:38] preserve trees to the maximum extent [16:41] practicable, we want to do that. We've [16:44] simplified the standards to ease the [16:46] administration. So, there's not, you [16:49] know, any massive tree surveys or [16:52] anything like that that are required. [16:54] But if there are trees um you know along [16:57] roadways that exist now we want to [16:59] preserve those. We have like a 30 foot [17:02] preservation width. Um so you see the [17:04] difference between the top photo and the [17:06] bottom photo where we can preserve trees [17:09] along our along our streets. And then we [17:11] have landscaping requirements on the [17:13] individual individual sites themselves. [17:16] But if there is open space that's [17:18] provided and they're able to preserve [17:20] the trees, we expect them to do that. [17:26] Um there is a new open space [17:29] requirement. It's actually in the [17:30] subdivision standards. Um basically it [17:33] requires a minimum of 10% of the total [17:36] land area. In a plan development it [17:39] requires 20%. Because you have mixtures [17:42] of housing types and just more [17:44] intensity. And so you usually want like [17:46] a common green or open open space or [17:50] even you know small parks throughout [17:51] that. Um and then it provides for no [17:55] more than 50% of that can be within the [17:58] flood plane. No more than 30% of that [18:00] can be um for storm water requirements, [18:03] but those storm water requirements have [18:04] to be menitized. So it can't be a ditch [18:07] with weeds in the bottom of it. Count [18:09] that towards the open space. If they [18:10] have a retention and they have fountains [18:12] and they have trail around it, things [18:14] like that, then it can be counted [18:16] towards the open space. Otherwise, if [18:19] it's, you know, something that's [18:21] unsightly or not not going to be [18:23] maintained, it will not count. Um, and [18:27] the open space must be equal to the [18:29] amount required for the current current [18:32] phase. Basically, each phase of [18:33] development will have to provide their [18:34] open space. Um, so that they can say, [18:37] well, we'll do that later on, but I can [18:39] put in, [18:41] you know, the first phase and then they [18:43] sell to somebody else and now you're you [18:46] flossed out. We need to make sure that [18:47] each phase of development meets their [18:49] own requirements and you've always had [18:51] compensating open space provision. So we [18:53] have carried that through. So you're [18:55] used to administering that. [18:59] Um the procedures uh we did a [19:02] significant overhaul on that. Um we [19:05] dramatically simplified and streamlined [19:08] them. We consolidated a lot of the [19:10] processes where they were similar [19:13] approvals. um we removed and folded in [19:17] some of the standalone permits. So [19:19] instead of being a separate permit, [19:21] they're actually kind of an approval now [19:23] as part of a another process. Um [19:27] reduced provision for a lot of ongoing [19:30] uh monitoring and technical calculations [19:32] and things like that that just put a lot [19:34] of added burden on on your staff. And we [19:38] also remove procedures that they're [19:39] spelled out spelled out state law. We [19:41] didn't duplicate or replicate that code. [19:45] And we're still continuing to make a few [19:48] minor revisions, but nothing really [19:50] substitles. [19:53] So, um [19:55] we have put some building and site [19:58] design standards in for multif family. [20:02] >> Um and you can see that um basically it [20:07] doesn't provide for square boxes. um [20:10] that stairways have to be internal or [20:13] covered. Um you have to have different [20:15] uh materials and different colors. You [20:18] have to have variations in the in the [20:20] roof forms. Um also, you know, balconies [20:24] and and places where you might have jut [20:27] outs or building stepbacks, things like [20:30] that. So, you're not getting just a [20:32] blank facade. You have different wall [20:33] planes. Um and then there's also [20:36] foundation plantings [20:38] um and and things of that nature. So [20:40] this is an example of um an illustrative [20:45] if you will of those standards. So [20:48] making sure that you know building [20:49] interest entrances are accentuated [20:53] that there's two or more stories that [20:55] they're they're identifying with [20:58] horizontal articulation kind of the [21:00] different stories using materials or [21:02] other other types of architectural [21:04] methods. And we also don't provide for [21:07] large expanses of blank wall. So if [21:10] there's a side elevation or rear [21:11] elevation, they can't have beyond 25 [21:15] foot. That's just a blank wall. you [21:17] know, no architectural treatment or [21:20] material change or color change or [21:22] windows or something like that that's [21:24] going to help articulate to make that. [21:29] We also have a 36060 degree requirement. [21:32] So, if it's uh visible from a public [21:36] street or public space or another [21:39] property, they're going to have to kind [21:40] of carry some of the design. has doesn't [21:42] have to meet the front facade standards, [21:45] but it has to carry that around all [21:47] sides of that building so you don't get [21:49] ugly rear elevation back up to your [21:52] subdivision park. [21:57] This is an example of aity space [22:01] requirements for multif family require a [22:04] minimum of 15%. [22:06] In this particular illustration, see the [22:09] yellow dotted lines, the dog bar. [22:14] So that can all be in one centralized [22:16] space or it can be broken out like this [22:17] as long as they're providing for a [22:20] minimum of 15% of the side area. Same [22:24] thing will apply relative to storm [22:26] drainage, other things like that. [22:32] Now, when we first drafted last time we [22:34] were here, we had some fairly [22:37] sophisticated [22:39] building design standards. State of [22:41] Texas a handful of years ago, uh, limits [22:46] local governments from dictating [22:48] building materials. Um, so our approach [22:51] has always been to basically say, well, [22:53] we're going to give them a menu of [22:55] options and you have to have three of [22:57] these things or four of these things and [22:58] you can pick and choose. Um, you know, [23:01] masonry is in there. It's not mandated, [23:03] but that's one of the choices. Um, we [23:06] thought and together with staff that it [23:08] would be easier if we just kind of have [23:10] straightforward um, you know, standards [23:13] so you don't have all these different [23:15] scenarios and stuff that can be [23:16] confusing and more difficult to [23:18] administer. [23:19] What I would like this evening is to get [23:22] commission and council's authorization [23:25] to draft standards that are based upon [23:28] what you're seeing here. So we would [23:31] have standards for single ointment [23:33] building. So you know just a [23:34] freestanding bank or a freestanding [23:36] restaurant or something like that just a [23:38] single occupant. um where we would make [23:41] sure that you as you can see by um by [23:44] the the illustration there that we have [23:49] um you know for every 30,000 square foot [23:51] of a single building exceeds that you [23:53] have some sort of corner corner element [23:55] or tower or something of that nature [23:58] your again your entrances are [24:00] accentuated you have different building [24:03] materials and colors um it's not you [24:06] have different facade planes so we have [24:08] some some step backs of a minimum of 18 [24:10] in and again that has to be carried [24:13] around around the building. So in the [24:16] draft that we have right now we have [24:18] these illustrations and below the [24:21] illustrations are the corresponding [24:23] standards with the the numbers that are [24:26] shown on the shown on the um graphic. [24:30] And then there's also requirements for [24:34] building roof mounted equipment to make [24:37] sure that that's also screened. So have [24:39] a beautiful building and then have big [24:42] AC units or whatever else on top that [24:44] are aren't well screened. Um so this [24:48] would be the the single occupant [24:50] building design. Um the next slide is [24:54] comparable but it would be a multi [24:56] multiple occupant building design. Much [24:59] like you saw with the multif family. [25:01] Again we are delineating between first [25:04] and second floor. We have modulation of [25:07] the of the roof line. So you don't have [25:09] just one continuous plane along along [25:11] the top. Um you know using windows and [25:15] different materials and things like that [25:16] to really break up. as as you know, [25:19] you've got some pretty great examples uh [25:22] in downtown 105 of some existing [25:24] buildings that have done a very nice job [25:26] incorporating many of these same things. [25:29] So, this is not something that you're [25:31] not not used to doing, but basically [25:34] every individual tenant, we have what we [25:36] call kind of a building module and each [25:38] module kind of has to have its own its [25:41] own uniqueness so you don't just have [25:43] monotony of these buildings. [25:47] And then lastly, a multi- multiple [25:50] building center. So, um if you have a [25:53] shopping center and you have out [25:55] parcels, we don't want to um prevent [25:58] them from having individuality. Um but [26:01] at the same time, we want to make sure [26:02] we have some sort of uniform or some [26:04] consistencies between them. So um you [26:08] know the the out parcels can have their [26:11] own uh uniqueness but at the same time [26:14] tying in with some commonality with the [26:17] overall overall development complex. So [26:20] it looks like it was actually designed [26:22] to go together rather than a bunch of [26:24] oneoffs and every one of them have you [26:26] know whatever their franchise [26:28] architecture is and signage and [26:30] everything just doesn't feel like it's a [26:32] very well planned well planned [26:34] environment. Um so again a lot of a lot [26:37] of the same things with um having corner [26:40] architectural elements um providing for [26:43] pedestrian amenities and outdoor spaces [26:46] interior pedestrian connectivity between [26:49] different buildings and storefronts and [26:51] things of that nature. So those are [26:54] three different designs. Let me pause [26:56] there and just see what thoughts [26:59] comments you have. Again what I'm [27:01] looking for is are you on board with [27:04] this? um or are there certain things [27:07] that you have more concern about than [27:08] others? Um so as we go back and draft it [27:11] that we know you know where you want I [27:14] want to make sure that when that first [27:15] building goes up after this is adopted [27:17] that you go that's exactly what we were [27:19] looking for. So [27:21] >> I I just had the one question about the [27:23] lot size. What was the minimum lot size [27:26] you went through? [27:27] >> It was just about the space of green [27:29] space versus the space of building [27:31] >> using a square footage. So was there a [27:34] minimum lot size? [27:35] >> I think we have for like commercial we [27:36] have 15,000 square ft. [27:38] >> Okay. What about residential? [27:40] >> It's the same as it is today. You're [27:42] 9,000. [27:43] >> Yeah. [27:44] >> The only the only place that that's [27:45] different is in a plan development. In a [27:48] plan development, they have to bring you [27:50] um their plans. You have to approve [27:52] those plans. If they make any changes [27:54] those plans, they have to come back to [27:56] you and get them approved again. And [27:57] they're filed with the county. So [27:59] whenever anybody is going to develop a [28:02] piece within that master plan or [28:05] adjacent to that, all that's filed with [28:07] the county. Um so you have a lot more [28:10] control there. We're allowing and I'll [28:12] show you an example here in a minute. Um [28:14] you can have duplexes, you know, um [28:17] triplexes, town homes, apartment [28:19] buildings. You can have a mixture in a development. [28:24] And there the lot sizes obviously vary [28:26] accordingly. [28:28] This is the best presentation I've seen [28:30] from KKC. Great job. You nailed it. [28:32] >> Good [28:34] to say. And I do have a question. So BCS [28:37] Capital, we they purchased the property. [28:39] We've not seen really hardcore plans [28:41] yet. Adopt this tonight. They would have [28:44] to go according to these, right? [28:47] >> U when we adopt that [28:50] >> depending on where that is. [28:52] >> We haven't approved anything on that. [28:54] >> No, we haven't. We've just done we've [28:56] just approved like what we're going to [28:58] do as far as a 380. We've divi there's [29:00] been no design. Correct. [29:02] >> Not on building, right? [29:03] >> We're going through design for that or [29:05] they're going through design for now. [29:07] >> But as far as our ordinance, I think it [29:08] is enter. [29:12] Yeah, that's since they're development. [29:15] >> Well, if they're inclined to change some [29:17] things, I think [29:18] >> Oh, yeah. [29:22] » Sometimes a development agreement will [29:24] specify that which regulations they'll [29:26] abide by part of that agreement. [29:30] >> Okay, next slide, please. [29:33] Um, this is an example of when you have [29:37] two different districts, two different [29:39] uses, different scales that are next to [29:41] one another. We don't want them right on [29:44] top of one another. So again, you have [29:47] um 50 foot of distance or 100 foot of [29:50] distance depending upon whether it's [29:52] single family or multif family. And [29:54] there are buffer yard requirements. So [29:56] the buffer yards are spelled out. [29:58] There's like A, B, C, and D. And then [30:00] there's a matrix. So if it's single [30:02] family next to single family, it's an A [30:04] buffer yard. There's not much required, [30:06] right? Then as you go from there on up [30:08] the industrial, then you get up to the D [30:10] and it's very very intensive. And then [30:13] there's also natural buffer yards where [30:16] it's just trees and then there's um a [30:19] structural buffer yard where you know [30:20] they may have a fence or wall along with [30:22] trees or they can do a BM if they have [30:25] enough enough space. Um, so that shows [30:28] you kind of how that [30:30] >> was that is that 100 foot total the [30:33] distance [30:34] >> this one here showing 50 foot. So we've [30:36] got a 20 foot buffer with 15t on either [30:40] side. [30:41] >> But the the code is says [30:45] uh it's going to be 100 foot between [30:47] commercial and R1 [30:49] >> and 50 foot for R2. [30:52] >> Yeah. So that housing looks at R1. [30:55] >> It does. You copy. [30:58] >> The code. That's a good point. Good [31:00] catch. The code does does say honored [31:02] for single family and 50. This [31:05] illustration does show 50. [31:08] >> Yeah, it says it up there. But [31:09] >> at the top right there, [31:13] 50. [31:15] >> The second story. [31:16] >> Yeah. [31:18] And you notice that um the building on [31:20] the left steps down from two stories to [31:22] one story just within a certain distance [31:25] also. [31:26] So that would that's how those um [31:30] standards would would apply. [31:36] Next slide. [31:38] Um we have landscaping standards. So for [31:42] single family, you would have canopy [31:45] tree in the front yard and then another [31:47] canopy tree in any yard. So you'd have a [31:49] minimum of of two that are that are [31:51] planted. Um and then for commercial [31:56] um there are combination of canopy trees [31:59] per lot and then canopy and ornamental [32:02] trees per thousand square foot of [32:03] landscape area as well as shrubs that [32:06] are required. Um, and then you know [32:09] depending on what they're next to, they [32:10] might have buffer yard as well. So, um, [32:14] and then there's also [32:16] interior parking lots. [32:19] >> How do you define canopy tree? Is there [32:21] like a [32:23] >> Yeah, trees. That means because if you [32:25] go to our Kroger, [snorts] those are [32:26] supposed to be canopy trees. They're [32:27] sticks. Well, what what we can do is we [32:30] could include an appendix that um that [32:33] calls out the specific specific tree [32:37] types that qualify or can be an [32:39] ornamental. [32:39] >> And how about irrigation of all this [32:41] stuff? Is there forced irrigation? [32:43] They'll plant the trees and as long as [32:44] they planted them when they built it, [32:46] they die two years later, they nothing [32:48] hold them to it. [32:49] >> Let me check. I'll have to have to check [32:52] Ashley Dis. So usually we do have [32:55] provisions for that or there's an [32:58] alternative for zeroscape, you know, um [33:01] kind of native trees to Texas that are [33:03] drought tolerant. So I'll I'll email. [33:08] >> So what does that look like if they were [33:09] to do that and then they put in sub [33:12] canopy trees that are not on the list or [33:14] they do and they die? We have the [33:16] ability to have uh code enforcement go [33:18] out there and let them know that this [33:20] tree is dead and they have 30 days to [33:21] replace it. Rip and replace. Okay. Is [33:24] there is there a certain [33:26] size for the trees? How many gallons? [33:28] >> Yeah, so they're a 2 inch caliper or any [33:32] shrub is a minimum five gallon shrub. [33:35] And if it's an evergreen, it's I believe [33:37] minimum of six foot. [33:41] So they're not width necessarily. [33:45] >> A five gallon five gallon container. [33:51] So, um, you know, the the bigger they [33:54] get, the more difficult it is to keep [33:56] them alive when you plant them. [33:58] >> We don't want them too small because it [34:00] may take years before they really have [34:01] any effect. So, this is real common of [34:04] what all cities do. [34:07] >> Does that trees can be placed in [34:09] clusters and need not be placed at even [34:12] intervals? Does that hurt us or help us [34:14] or what's the pros and cons there? [34:16] >> Um, let's say parking lot with a little [34:18] bunch of trees clustered here because [34:19] they didn't want to do anything. So it [34:20] would create more of a natural type of [34:22] environment rather than having you know [34:24] this rigidity. So everywhere you go in [34:26] town they're exactly 25 foot apart. Plus [34:29] um if there are power lines or other [34:32] utilities they can group them so they [34:34] don't have to ask for variance because [34:36] we can't put a tree there. Um and it [34:40] just you know they can they can group [34:42] them within their open space. So they it [34:44] just gives them more flexibility. They [34:46] still have to meet the numbers. Um the [34:48] shrubbery along the parking lot though [34:51] we require that as a bumper bumper [34:54] screen along all um uh parking areas and parking and vehicular use areas. So [35:02] it may not be a parking lot, could be a [35:04] drive aisle or it could be a truck lane [35:06] or whatever that might be. Uh if they're [35:08] adjacent to a public rights way or [35:11] another property, they're required to [35:12] provide screening. [35:14] And then, as I said, there's um islands [35:18] within the parking lots that require um [35:21] a canopy tree as well. So, you have you [35:25] don't just have 500 spaces out there [35:28] with with no trees or with a few shrubs [35:31] in an island, right? when you stand back [35:33] and and look across the site, you'll [35:35] see, you know, a variety of trees across [35:38] that site because they're required um [35:41] every 10 or 12 parking spaces. I believe [35:44] you have to have an island. [35:47] So, downtown there's none required. Um, [35:51] obviously you're very constrained with [35:52] your rideway and so forth, but we show [35:54] that that depending upon what may happen [35:57] in the future, if somebody uh were able [36:00] to provide, you know, a tree and some [36:02] street furniture and stuff, then that [36:04] would be great. But we don't outright [36:07] require it. Just [36:13] this is just an illustrative, an [36:16] example. if somebody has a plan [36:18] development. Um you see this well even [36:22] in the Houston area and all across the [36:23] country. People are coming in um with a [36:26] variety of different housing types. Um [36:29] so what it does is it allows them to [36:32] increase their their lot count and their unit count by having a mixture of [36:37] single family and two family and town [36:39] home and stuff. It helps them meet [36:40] different markets so that they can meet [36:43] different price points. So your firemen [36:46] and police officers and school teachers [36:47] and everybody else um can can afford [36:50] places. They're not all just, you know, [36:52] large lots that are super pricey. This [36:55] one actually shows how you can have kind [36:57] of some neighborhood commercial at the entrance that's walkable as well [37:01] as, you know, a large common open space. [37:04] Um so in some cases, maybe that's an [37:06] elementary school or maybe it's, you [37:08] know, park or whatever that might be. Um [37:10] so that just gives you an idea of what [37:14] Plan development again nothing gets [37:17] approved by right right has all the [37:20] standards in there but they have to [37:21] bring a plan to you and you review that [37:23] plan and that plan is adopted as part of [37:25] that ordinance [37:28] goes with that ordinance they come back [37:30] later and they they often do because [37:32] they don't know what the market's going [37:33] to do they don't know what end users [37:35] might come to them right um so they may [37:38] need to say gee we have you know we've [37:41] had this use come to us and [37:44] to come back and do a plan amendment to [37:47] accommodate [snorts] that use, but it [37:49] has to come back in front of the [37:50] council. [37:53] So, next steps, um, state law requires [37:56] you have, [snorts] uh, at least two [37:58] public hearings. So, generally that's [38:00] one before the funding and zoning [38:02] commission and then one before city [38:05] council. Um, [38:08] I should mention that the zoning map [38:13] is doesn't have to be changed except for [38:16] the downtown boundary. Um that's the [38:19] only change that you have. Um so we have [38:23] proposed a boundary to staff um and they [38:26] are looking at it to align the [38:29] boundaries. I think it's fairly obvious [38:32] where the downtown boundaries are. Um so [38:34] that would be the only change um from [38:37] what we have today. that's just, you [38:39] know, zoned on commercial. So, you would [38:42] have a DT for downtown district for that [38:45] area. Otherwise, everything that's zoned [38:48] today still be zoned the same. [38:51] >> So, you're saying we're lifting the [38:52] historic downtown district name and just [38:55] making it a downtown district. [38:57] >> Yeah, the zoning ordinance is is DT [38:59] designation. is it's a downtown that has [39:03] boundaries and as I said there are [39:05] standards where we bring buildings to [39:07] the street so they have a maximum [39:09] setback not a minimum setback so we want [39:11] them to keep that that pedestrian [39:13] streetscape [39:15] um and then there's provisions in there [39:17] that if they do you know a twotory or a [39:20] false twotory facade [39:22] um and you know creating small open [39:26] spaces and stuff whether that's for [39:28] outdoor seating or outdoor restaurants [39:30] or whatever. Keep in mind that this [39:32] everybody looks at downtown today and [39:34] says, "Well, it's pretty much there, [39:36] right?" But who knows what's going to [39:37] happen the next 10 or 20 years. Um, you [39:40] know, things could start redeveloping or [39:43] whatever that might be. So, we want to [39:45] make sure that we have have those [39:47] standards in place. So, somebody can't [39:49] come in and put, you know, a gas station [39:52] downtown and have pumps and big canopy [39:55] out front. That just disrupts that whole [39:57] story character. [40:00] Um [40:02] we have well first of all oftent times [40:06] when we do this it's dramatically [40:09] different than what you've had before. [40:12] So oftent times what we will do is we [40:14] will provide assistance to you for a [40:16] certain period of time. Um, oftentimes [40:19] what we do is we have you adopt an [40:22] ordinance whereby an applicant posts an [40:26] escrow fee and that fee pays our fee. So [40:30] it doesn't come out of the general fund. [40:32] Um, so they may post, you know, $2,000 [40:35] and it cost us $1,000 to work with staff [40:38] and whatever we need to do if we need [40:40] to, you know, meet with you or what have [40:43] you. And we spend $1,000 and they get [40:45] $1,000 back. if it gets very involved, [40:47] there's lots of meetings and lots of [40:49] reviews and and revisions and things [40:51] like that, they spend $2,500, then they [40:53] post another $500. Um, so we have done [40:57] that in multiple places around Texas. [40:59] We're doing it in sim Texas right now. [41:02] Um, so we could help in um working with [41:07] staff to make sure that they are [41:10] identifying all of the applicable [41:13] provisions. Um, when somebody comes in [41:16] with a plan or resoning or a site plan [41:19] so that they're they're making sure that [41:21] they're addressing everything. [41:23] if they want to help how to interpret it [41:26] or how to apply it to a particular lot [41:28] or even, you know, talk with an a [41:31] development applicant or an architect, [41:32] whatever that looks like, we can be [41:34] available. Generally, it's just, you [41:37] know, on a on an hourby-h hour basis. [41:39] Um, and we can help give you a new staff [41:43] report template. Um obviously the [41:46] standards are a whole lot different. So [41:48] there's a lot more um materials to cover [41:51] in a staff report that you get when [41:52] somebody submits an application. It's [41:54] basically from staff saying here's [41:56] everything you need to know about this [41:57] application. Um it can either be [41:59] structured as saying if you want to [42:01] approve it, here's the conditions and [42:03] stipulation. If you want to deny it, [42:05] here's the uh stipulations and [42:08] conditions. um [42:11] we would we could do a memorandum of [42:13] staff review processes just to make sure [42:15] that everything is flowing smoothly, [42:17] that the communication lines are good, [42:19] um that we're not dropping the ball and [42:21] things are taking longer than they need [42:23] to. We want to make sure that when an [42:25] applicant submits um that, you know, [42:27] they're moved through the process and [42:28] they know what the next step is and when [42:30] that's happening so they don't get [42:32] frustrated. So, um, it helps everybody [42:35] if everything's laid out clearly and you [42:37] have a schedule of when to submit an [42:38] application, when public hearing notice [42:40] goes out, when the meetings are [42:42] scheduled, when you have to have your [42:43] comments back, things of that nature. [42:46] Um, so that is one things that I wanted [42:48] to point out if that's something you may [42:49] be interested in. And then the last [42:52] item, [42:54] um, last slide, [42:57] we have a a new tool that's called a [43:01] knowledge advisor. So as you recall your [43:04] code of ordinances is in the encode plus [43:06] platform and the UDO is in that same uh [43:12] cloud hosted web-based platform. So [43:15] somebody will be able to go to we'll [43:18] eventually put them together. So they'll [43:19] be on the same site but whenever you go [43:21] into the code all of the table contents [43:24] are hyperl right. So you can easily jump [43:26] there. If you come across a definition [43:28] you hover over that definition with your [43:29] mouse it pops up the definition. If it [43:32] makes a cross reference to the [43:33] landscaping standards or the parking [43:35] assigning standards as a hyperlinks will [43:36] take you right to those standards, we [43:38] can link back and forth between the code [43:40] of ordinances and so forth. So since we [43:43] have those in this platform and since [43:46] they will be kept up to date, so [43:48] whenever an ordinance is adopted and [43:50] sent to us, we codify and publish it [43:53] within 10 days. Okay? it it doesn't sit [43:56] for months because if somebody's [43:58] submitting for development and they're [43:59] investing hundreds or millions of [44:02] dollars in the community, they need to [44:04] know what the requirements are, not have [44:05] to dig through other ordinances. So, [44:07] they all need to be posted. Since [44:09] they're in the system, we have this tool [44:11] that somebody can ask a common language [44:13] question. So, they can say, [44:17] "What are the cities, you know, what are [44:18] the subdivision requirements?" Or, "I'm [44:21] submitting a resoning application. [44:23] What's the process for that?" or [44:26] um they can even include GIS. So [44:29] somebody can actually add about about an [44:31] address. So they can say, "Can I build a [44:33] restaurant at 110 Cherry Street?" And [44:36] it'll tell them yes or no. Here's all [44:38] the setbacks. Here's all the uses. You [44:41] can click and go to a GIS map. Um, so [44:44] this came up because in a conversation [44:46] with staff last week and I was in their [44:49] shoes when I was a young planner, we did [44:51] a whole new unified development [44:52] ordinance, entirely different than our [44:54] old ordinance and it was a lot of work [44:56] those first few applications because you [44:58] know we couldn't remember where [45:00] everything was at. We couldn't remember [45:01] how everything went together and the [45:04] question was if somebody splits an [45:05] application, how do we know all the [45:07] different bits and pieces that go with [45:08] that? This tool would answer that [45:10] question. So an applicant, council [45:13] member, commissioner, staff member, of the public can answer, ask any [45:18] question of your code of ordinances or [45:20] your UDO and it will give them a [45:23] response and uh it is um trained only on [45:28] your ordinances. So it does not permit [45:30] any scanning across the internet to [45:32] bring in something that doesn't apply [45:35] and it's all entirely factual. doesn't [45:38] give any suggest suggestions, any [45:40] recommendations, nothing. It just says [45:42] here's what the code says about your [45:44] question. Um, so that would be an add-on [45:48] to to the online code. We just we just [45:52] came out with this like three weeks ago. [45:53] >> So this would be on our website did [45:55] hyperlink to yours. And then that [45:57] information you host the software on the [46:00] back end. [46:00] >> It's it's all Yeah, it's hosted by [46:03] Microsoft Azure. So you got 99.99% [46:05] guaranteed up time and it's all backed [46:07] up and secure and everything, [46:08] >> right? [46:09] >> We're on the cloud too. So when they [46:11] send us ordinances, we can immediately [46:13] publish those ordinance right to right [46:15] to your site [46:18] and we would update [46:20] uh your probably not your code of order. [46:22] Well, could be your code of ordinance [46:24] and your UDO. You know, they're make [46:26] you're making changes along the way. So [46:27] we provide at least two updates annually [46:30] and can do more as needed to make sure [46:32] that when somebody asks the questions [46:34] they're getting the latest and greatest [46:35] answers. [46:36] >> What's the SLA to get the answers? So [46:38] like well say for instance we change the [46:41] code ordinances. What's the SLA to get [46:42] those up and published? [46:44] >> Uh we we do the ordinances within 10 [46:46] days. Um, [46:49] we [46:51] would probably probably take another 10 days or so to make sure that [46:56] it's online. We're obviously we're using [46:59] new technology. Um, the way it all the [47:03] way did have to be, you'd have to update [47:04] the entire code of ordinances if you [47:06] made one change, but what we're getting [47:08] ready to deploy is you only have to [47:10] update that one section and I'll update [47:12] the whole thing. So, again, I will get [47:14] back with Brett on that. [47:16] You said it's a add-on to So it's an [47:19] add-on to the current service that we [47:20] that we're gonna that you subscribe to. [47:23] Is it an added cost? Add [47:24] >> an added cost. So cost. [47:26] >> Yeah. So it's it's there's not a onetime [47:30] fee. So we build it for you at no [47:32] additional cost, but we roll that into [47:34] the annual cost because uh it's it's [47:38] going out and utilizing different models [47:40] and every time somebody asks it a [47:41] question, there's a usage charge. So [47:44] obviously those mount up. So, it's um [47:47] $3,500 annually. So, we've done some [47:50] math and basically [47:52] um if you get a couple inquiries a day, [47:56] it'll pay for itself in four to six [47:57] months. [47:58] >> And you're talking about AI tokens for [48:00] AI tokens. [48:01] >> Yeah. So, [48:04] >> no [48:07] access. [48:07] >> So, we have access to a whole range of [48:10] different models. So depending upon the [48:11] question that it's asking it will [48:14] basically utilize. [48:15] >> So is it large language or is it [48:18] >> Yes. [48:18] >> Okay. [48:19] >> Yeah. [48:19] >> So it's not agentic. [48:22] >> So I can write you an agent profile if [48:25] you want. [48:27] It's up to you. Well, yeah. The only uh [48:32] the the only thing is that this is [48:34] drawing directly from your official code [48:37] of ordinances and code of order and you [48:39] know that's in the platform by having it [48:41] in the platform. Uh it's all we go [48:44] through the process. It's all indexed. [48:47] Um they're governed documents. So you [48:49] know there's a lot of lot of parameters [48:51] on that. You could try to use, you know, [48:54] a PDF and and use chat QBT, but you may [48:56] or may not get the right answer. [48:58] >> So, you say 3500 [49:01] >> and then it's add [49:04] usage. There's [49:06] >> no that's that's covered. That's why we [49:08] do an annual fee. So, we're not [49:10] concerned about the the usage. [49:13] >> It can be used 100 times a day. [49:14] >> I was going to say so it can be used [49:16] either two times a day or 500 times a [49:18] day. [49:19] >> Yeah. I I mean oftent times, you know, [49:22] whoever's calling or asking questions of [49:24] staff multiple times a day, whe it's an [49:26] applicant, whoever it might be, and [49:28] they're have to chase that downs, find [49:30] information, email to them, call them [49:32] back, all that type stuff. So, what [49:34] we're trying to do is to limit that to [49:36] the extent practical. They can answer [49:38] their own questions on their phone or on [49:40] their laptop. And then once they have [49:43] that, when they come to staff, they're more intelligent about what [49:47] they're asking. Um, so in a short amount [49:50] of time, either get their answer right [49:52] up front or they'll call staff and say, [49:54] "Hey, I got this and just want to [49:57] verify." There's also a disclaimer. [49:59] Every time you ask a question, you get a [50:01] response. There's a disclaimer. It says [50:03] staff is the official answer, right? So, [50:06] we don't want you relying on this tool [50:10] as the end all beall. You always have to [50:12] verify staff. [50:18] Yes. Yeah. And you know when ordinances [50:21] get twisted to various interpretations [50:24] depending upon the the user. So [50:27] >> who owns the data you or us? [50:28] >> You make sure [50:30] >> we don't take any other software [50:32] companies every all the data you put in [50:34] that becomes their data no matter what [50:36] to get it back out to extract it as a [50:38] cost. [50:38] >> It's all yours. Um there's yeah there's [50:41] no additional cost. Um, it can be [50:44] exported to a word file any hour of the [50:47] day, any day of the week. [50:50] >> So, which platform did you say you were [50:51] using? [50:55] » Oh gosh, I would have to ask my my AI [50:59] engineer. Um, like I said, we utilize a [51:02] service that has access to um a variety [51:06] of different um AI models. Um, I'll I'll [51:11] email Brent the morning. You can pass it [51:13] on to [51:23] » How much time do you think this would [51:24] save you, Tilly? [51:29] » The time did it save me. [51:33] >> How many inquiries do you get in a day's [51:34] time? [51:36] >> A lot of inquiries. The The inquiries [51:39] come from engineers and architects. They [51:42] would still rather get it from a live [51:44] person. Um, I'm still directing them and [51:47] having to read the ordinance with them [51:50] to verify that they understand exactly [51:52] what the ordinance says. So, [51:56] even if they know the location of the [51:59] ordinance, even though I refer them to [52:01] that location, I email them the [52:02] information, they still want a phone [52:04] call. So, [52:07] um, need for handholding [52:11] >> and and we say there always has to be [52:12] human intervention, right? This is never [52:14] the answer. So [52:16] >> at the end of the day, always has to go [52:18] to [52:20] >> Yes. [52:23] » So that concludes my presentation. [52:26] >> Thank you. [52:27] >> Great. Good stuff. Thank you. [52:28] >> One more question. It said six months on [52:30] there and that's included free inclusion [52:33] to the support staff for six months. [52:34] >> No, that's additional, right? You say [52:36] it's an island. [52:38] >> Yeah. Different cities have done it for [52:40] different periods of time. It's whatever [52:41] you want it to be. So basically it's to get Zach and Tilly and anybody [52:47] else in the city up to speed so they [52:48] feel comfortable and when applications [52:50] come in they they know exactly where to [52:53] go in the code. This this would go a [52:55] long way towards helping with that. [52:57] >> What is your cost of that? Um that tool [53:00] is the 3500 annual assist [53:04] >> that is uh we just have an hourly rate [53:07] charge and there is a a fee that the [53:11] applicant posts with their application. [53:13] So I believe in Simon right now they [53:16] post $1,500 and like I said if we spend [53:19] a,000 they get 500. Okay. [53:22] >> So lot sometimes it'll be different [53:24] depending upon if they're spinning a [53:26] plan development is a lot more involved. [53:27] So maybe five grand [53:29] >> but if our people need not an applicant [53:31] if they need assistance with it is that [53:33] a charge for that or is that going to be [53:35] the [53:36] >> because our contract for this project [53:38] will be done at the money comes from [53:39] that. So it's it's basically an on call agreement [53:42] >> and we can you know say we'll have a [53:44] weekly meeting with Tilly and Zach or [53:47] bi-weekly or if you want us to talk to [53:50] somebody we can but basically they can [53:53] look at it and say did I catch [53:54] everything and we can look at it say so [53:57] I remember what three years ago we [54:00] started this [54:02] >> three or four [54:03] >> 2011 hasn't been Stan you remember [54:06] >> oh it was [54:07] >> the the timeline dates. [54:10] Granted, I'm not holding you to it 100% [54:13] cuz some of it was our fault, but not [54:15] all. [54:15] >> Well, it was May the deliverable date I [54:18] think was May of this year. [54:20] >> May of this year% [54:24] » we went for a period of what six, seven [54:27] months without without point of contact. [54:30] So that alled this and then recently [54:33] um staff to their credit has has really [54:36] dug into it and they've been giving us a [54:38] lot of their feedback and so we've been [54:39] revisiting [54:42] you know we all want to get it right fast. [54:49] Can you revisit your explanation to the [54:52] mayor about the u historic downtown and [54:56] then you said no we're calling it [54:58] downtown. So [55:02] when people look stuff up is it going to [55:04] say historic downtown? [55:06] >> It certainly can. Right now it's just called downtown but that's a [55:10] simple change. [55:11] >> I'm just asking because I wanted to [55:13] clarify because I knew you said no we [55:15] call it downtown. So, I was like, is [55:17] that something we want to hang on to? [55:20] I'm just asking the question, historic [55:22] downtown. [55:23] >> I can explain part of that. You know, [55:25] the historic overlay that is down there [55:27] now has no teeth in it. It's really a [55:30] suggestion. I mean, it was a good idea [55:33] and it's a much broader. It covers some [55:35] of the houses and that, but it really [55:37] doesn't cover it. It doesn't make them [55:39] do anything. I know you've read it [55:41] because you know I mean it gives them [55:43] some design suggestions and things. [55:46] >> What this the difference was what we're [55:48] trying to do or what we tried to deliver [55:50] was a downtown district that you could [55:53] control setbacks, heights, you know, [55:55] looks and all that. You're actually [55:57] controlling something. Um you can always [56:00] have the suggestions of how you want it [56:01] to look like a 1887 whatever, you know, [56:04] building like it says now. You know, [56:06] there's some weird suggestions in there, [56:09] but [56:10] that's exactly what it is. It's a [56:12] suggestion. There's nothing that we can [56:14] say you have to do this. This gets it a [56:16] little closer. It still didn't say, you [56:19] know, you're completely limited, but it does, you know, they're not going to [56:24] plow half of it down and then put big [56:27] setbacks and put porches out front or, [56:30] you know, because we're going to keep [56:31] them street level facing, you know, [56:36] tight areas like it is now. That's kind [56:40] of the point of it. [56:40] >> I imagine the historic preservation [56:42] ordinance came along because downtown [56:44] didn't have its own district. So didn't [56:46] have didn't have standards. And so I'm [56:49] guessing maybe that was put in as a as a [56:51] step toward what we've got now. [56:53] >> Yeah. I I the reason I'm saying it is [56:55] because when you live here for quite [56:57] some time, [57:00] you uh you would tie everything into it [57:03] like come to historic downtown for you [57:06] know the cookie walk or for the [57:07] historical home walk or you know that [57:10] was our ploy to gather people into [57:13] downtown. Um I'm just I just want to [57:16] clarify [57:17] >> change the the terminology. You can keep [57:19] that. [57:20] >> Yeah. [57:20] >> The district is only for controlling the [57:22] architecture. [57:23] >> Okay. I'm just that's all just I'm just [57:27] want to know why because people will go [57:29] well is it downtown or is it historical [57:30] downtown? Guarantee it. They'll ask [57:32] they'll go what happened to historical [57:34] downtown? Nothing. We just took the word [57:36] historical off. So [57:38] >> it's a question they'll ask. [57:40] >> So I have a question about the PD. Thank [57:42] God it's now um expired. But anything [57:46] that happens on Pleasant, we don't get [57:47] those ugly institutional buildings ever [57:49] again. We can institute this. Correct. [57:51] Just [57:53] >> in the expired PD. [57:57] >> Well, yes, because it has again there's no teeth in that either anymore. [58:03] you know, there's most of it's filled [58:06] out, but as we go into the new [58:08] development that's still going to be in [58:10] some of those areas of that PD, this [58:12] will take over from that. [58:18] » Awesome. I just wanted to clarify [58:20] something about that planned [58:21] development. So, the planned development [58:24] district is a zoning district that did [58:26] not expire. The development agreement [58:29] expired. It's the agreement that [58:31] expired, not the people. [58:33] >> It's still there for And it's [58:34] >> indefinite. [58:35] Yeah. [58:36] >> Until you reszone it [58:38] >> then. But otherwise, plan development is [58:41] still there. It's the development or [58:44] that's expected. [58:45] >> There's no [58:47] >> piece to it. Again, [58:49] >> the plan development. [58:50] >> No, it was a deal. It wasn't it wasn't [58:53] finalized [58:55] when the development agreement expired. [58:58] Right. [59:08] What we have to do to get the ball roll [59:17] by September? [59:18] >> We have to have a public public hearing. [59:20] >> Just allow staff to finalize what we [59:23] have and bring it to us in September. [59:25] >> Yeah, we have a few more things to touch [59:27] up on. Um, and that's one of the [59:30] questions for you guys. I mean, I can [59:32] send everybody the 400page thing or [59:34] whatever it is, but I I didn't feel like [59:37] that was a value. I don't think [59:38] anybody's really, but it we can send out [59:42] whatever you want us to send out. You [59:44] can take the time to read, you know, [59:46] parts of it that you want. Um, that's [59:48] why I wanted to to hear the feedback [59:50] tonight. you know, as long as the the [59:53] direction is right, I think we, you [59:55] know, you'll adopt this and we'll move [59:57] forward. And it's really a just like you [1:00:00] said, you know, a couple meetings and [1:00:02] full adoption. [1:00:04] >> So, state law says public hearings [1:00:06] plural. So, you need to have at least [1:00:09] two, but you can also, if you're [1:00:11] interested in timing, you can also join [1:00:14] me where the commission will take action [1:00:17] and then the council would take action. [1:00:19] So you can kill two birds without [1:00:21] stopping. [1:00:23] >> So [1:00:24] >> just still have to have two [1:00:28] >> be the same presentation you just did [1:00:29] basically pretty much [1:00:35] » and when it's adopted it's moving [1:00:38] forward. [1:00:39] So, anybody that rushes in here and [1:00:42] they're in the middle of developing an [1:00:44] yes and no, are they referring to this [1:00:47] or are they referring to old stuff? [1:00:51] >> Want to be clear that there are vested [1:00:53] rights? [1:00:54] >> Yes. [1:00:55] >> Instead, [1:00:56] >> right? So, if somebody has made [1:00:58] application, [1:00:59] they basically vest themselves. [1:01:01] >> Okay. [1:01:02] >> So, basically, you can't pull the rug [1:01:04] out from under change the rules of the [1:01:05] game after they already. [1:01:08] Um the question was asked if somebody [1:01:10] plants a large property but then each [1:01:14] owner land owner comes in and wants to [1:01:17] do a site plan over the next several [1:01:19] years then they will have to go through [1:01:21] the site plan process but that plat we [1:01:24] can't you know halt them and make them [1:01:27] start over again. who did create the [1:01:29] ordinance about two years ago where [1:01:32] there is a time [1:01:35] >> yes [1:01:37] >> and then goes to where [1:01:39] >> well that's what I'm trying to figure [1:01:41] because when when we [clears throat] sit [1:01:42] down for our meeting and they bring all the paperwork to us now we have to [1:01:46] sit there and we have two new members [1:01:49] that are going to go did you already [1:01:51] talk about this and we're going to have [1:01:52] to dig back and see and I guess we just [1:01:54] have to be more proactive with our [1:01:56] agenda and say hey this facility should [1:01:58] be able to take whether or not [1:02:03] y [1:02:05] >> I think it's assumed too but if we do [1:02:08] when we do make this rules can you share [1:02:11] with these new developments that are [1:02:12] happening a suggestion [1:02:14] >> you know at least throw it out there [1:02:16] >> think they can not only BCS but the [1:02:18] other side of [1:02:18] >> HB [1:02:20] this is what we're going for try to [1:02:21] influence at least you know don't just [1:02:23] go okay well they're just doing what [1:02:24] they're doing [1:02:25] >> they haven't done anything so they would [1:02:26] be a part of That's what [1:02:29] they [1:02:29] >> on the other side of HV. [1:02:30] >> Yes. [1:02:31] >> In that big old dirt pit. Yeah. They [1:02:32] were already moved dirt. So [1:02:35] >> made application. [1:02:36] >> They don't have they don't have a [1:02:37] development agreement with them. [1:02:39] >> It has nothing to do with the [1:02:40] development agreement. [1:02:41] >> Right. But they they haven't come to us [1:02:42] with any plans. They they would still be [1:02:44] under this new plan. Right. [1:02:48] >> They already submitted a development [1:02:50] application and escro agreement. So [1:02:54] we're already reviewing at least portion [1:02:57] of the civil. [1:02:58] >> But was there money? [1:03:01] >> The infrastructure is planned out in it. [1:03:03] I guess we'd have to talk to people. [1:03:06] >> Yeah. See see where it is because once [1:03:08] it comes to us. [1:03:09] >> Well, you could submit pictures without [1:03:10] having a plan. You could say this is [1:03:12] high pie in the sky. So that I mean [1:03:14] >> I'd like clarification. [1:03:16] >> Can we get that? [1:03:17] >> Texas is going to protect that property [1:03:18] owner. can't come in and change school [1:03:20] rules in the middle of it. [1:03:21] >> I know I'm I'm not I am asking if they [1:03:24] had already I remember seeing the [1:03:26] pictures. I didn't know where we were in [1:03:27] that process. So I wanted to know if [1:03:29] they would be adhering to this or if [1:03:31] they were grandfathered into the prior. [1:03:33] That's all I was asking. [1:03:34] >> Yeah. And it would be real simple, [1:03:36] right? You'd call it up and you'd tell [1:03:37] us and you'd say, "Hey, this is a list [1:03:39] of the developments and moving forward [1:03:43] they don't get touched and these moving [1:03:46] forward can be." [1:03:46] >> It would be great to have a list of the [1:03:48] grandfather. [1:03:49] >> Yes. [1:03:49] >> Just make everybody's job easier without [1:03:52] guessing. [1:03:52] >> The development agreement not yet done. [1:03:55] >> You could negotiate. [1:03:57] >> Sure. [1:03:57] >> This is part of that. [1:03:58] >> Same way with annexation agreements and [1:04:00] things like that. Cities have said part [1:04:02] of that agreement is that they will [1:04:04] abide by. [1:04:05] >> Yeah. And anybody coming in here that [1:04:07] wants to make money would would probably [1:04:10] be very understanding. We hope to [1:04:12] negotiate to look aesthetically [1:04:15] >> the way that this is versus what we had. [1:04:18] >> The financial impact is totally [1:04:19] different. So I'm sure that they would [1:04:21] love to be grandfathered. [1:04:23] >> Maybe they'll be more agreeable. It's [1:04:25] more pleasant to be submitted. Like I [1:04:28] mean we can hope for the best. [1:04:30] >> Stats out everybody. Let's just suggest [1:04:32] it to the people that are, you know, in [1:04:34] limbo right now at least just to share [1:04:35] it just to hopefully they want to fit in [1:04:37] because you know what they might go well [1:04:39] I want to do other projects so maybe [1:04:40] they will go along with the program. So [1:04:43] hopefully [1:04:45] we have a few temporary ordinances that [1:04:47] we can correct to you know and we can [1:04:50] clean up the tree stuff and you know [1:04:52] because we've been having to kind of [1:04:54] we've been in limbo on some of this. So [1:04:56] there will be some things we can suggest [1:05:01] and and work with and a lot of these [1:05:03] developers are more than happy to you [1:05:05] know I mean unless we you know cost them [1:05:07] a whole lot of money but [1:05:09] >> and that was my that was a question I [1:05:11] had are the developers do they are they [1:05:14] f like these or do they just going with [1:05:16] it because they don't have a choice or [1:05:17] do they actually [1:05:19] >> they love to get away with what they can [1:05:20] get away with more money in their [1:05:22] pocket. Are you finding that? [laughter] [1:05:25] >> Are you asking me or asking? [1:05:26] >> Yeah. I know for you like is are they [1:05:27] are you finding that they're actually [1:05:29] >> well [1:05:29] >> going with it or there is there a lot of [1:05:31] fight you know is you know [1:05:34] >> well once once they're adopted then [1:05:35] there's no [1:05:36] >> there's just no choice [1:05:38] but I [1:05:39] >> well your your your national retailers [1:05:42] national chain they do this all over the [1:05:44] country so they're not surprised by it. [1:05:46] They'll tell you oh this you don't ever [1:05:48] seen this before. [1:05:50] >> Okay. [1:05:51] They've done thousands. [1:05:54] >> They've seen it before and they've seen [1:05:55] things much more restrictive, [1:05:58] but you know, you'll probably you'll [1:06:01] probably get some push back. People [1:06:02] saying, you know, this is too much or [1:06:05] whatever. They always say, well, you [1:06:06] know, we're going to go down the road. [1:06:10] If the market's here, this is where the [1:06:12] traffic's at. This is where [1:06:14] development's happening. So [1:06:17] >> certainly when there [1:06:19] people want to be there, they'll do what [1:06:21] they need to to be there. [1:06:23] >> Can you postpone any new applications or [1:06:26] is there a time limit once they submit [1:06:27] it? [1:06:30] >> So be out. [1:06:34] How do we address the [1:06:39] » meaning that's up to you? [1:06:41] uh [1:06:45] knowledge. [1:06:48] >> We'll bring those back to you when we [1:06:50] get that far. Um th those will just be [1:06:54] upgrades to existing software agreements [1:06:57] that we have. to what we originally had [1:07:01] and then discuss the difference in money [1:07:04] for the [1:07:08] » How much more time do y'all need to get [1:07:10] these other little points settled other [1:07:13] decisions? I think we can do this in [1:07:15] September like he mentioned. I think we [1:07:17] can get it done in that time frame. [1:07:20] >> September [1:07:21] >> with the me meetings and everything [1:07:23] adopted. [1:07:24] >> Then we'll be calling the public meeting [1:07:27] >> through Yeah. through September. [1:07:30] We can do it jointly if you want to push [1:07:33] the time. [1:07:33] >> I think that would be best. I I I like [1:07:37] jointly. [1:07:38] >> So by September the 22nd we can be done. [1:07:42] >> I don't have a calendar but depending on [1:07:44] timing for those public hearings. [1:07:50] » If someone is present, if someone a [1:07:55] group comes in and does a presentation [1:07:57] discussion, does that start or does it [1:08:00] with the escrow payment? [1:08:03] >> An actual development application would [1:08:05] probably start the clock, but [1:08:07] >> okay. I wouldn't wouldn't start when [1:08:09] they they came would come in [snorts] [1:08:11] >> preliminary also just to just to be able [1:08:15] to present to you. [1:08:16] >> Okay. [1:08:16] >> You tell them come back October 1st [1:08:18] please. [laughter] [1:08:23] » We have to because we can't meet until [1:08:25] later in October. [1:08:27] >> That's right. That's right. [laughter] [1:08:30] » Vacation until then. [1:08:34] >> Just so much happens so quickly. I know [1:08:37] >> sooner it's in place, the more effective [1:08:40] it's going to be for this for the city. [1:08:48] » Thank you very much. I appreciate it. [1:08:50] >> Thank you. Good [clears throat] to see [1:08:51] you all. [1:08:52] >> Right. Uh, next item on the agendas, the [1:08:54] closing agenda, council inquiry. [1:08:59] » Number seven, items to consider for [1:09:00] placement on future agendas. You [1:09:02] >> all got it on the agenda? [1:09:11] I'll entertain a motion to adjurnn [1:09:14] >> by Mr. Donaldson, second by Miss Fox. [1:09:17] All those in favor of German say I. I. [1:09:20] We will. Thank you.